Can they recharge you after a felony is dismissed? 65 Answers as of September 20, 2012

When they dismiss a felony they can't recharge you right? I have looked it up and it says you cant be retried if its dismissed, but then I hear different things. I'm confused. I don't think it's right to dismiss it and bring it back.

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It depends on the type of dismissal; a dismissal without prejudice means that yes, they could refile. If the case was dismissed with prejudice, then no a person cannot be recharged. Double jeopardy protections kick in if a person has their case dismissed with prejudice.

It depends on the nature of the dismissal. If the dismissal was "with prejudice," that means the state cannot recharge you. If the dismissal was "without prejudice," that means the state can recharge you as long as it is still within the statute of limitations (generally three years for felonies, though specific felonies may have longer statutes of limitation). Whether the case was dismissed with or without prejudice depends on the reason for the dismissal.

Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense motion based on lack of probable cause to believe an offense was committed by the defendant. After the dismissal, police investigators may discover new evidence or trial witnesses establishing probable cause and making the case easier to prove at trial. Under these circumstances, the prosecutor has the right to recharge the felony case. The only road block to recharging the case would be the statute of limitations for criminal offenses. Most crimes require the case to be charged out by the prosecution within three (3) years from the date of the alleged offense. Once the statute of limitations expires in a criminal case, the felony case can not be recharged.

There are two kinds of dismissal. If a court dismisses a case "without prejudice" it means that the case was dismissed without a final finding of guilt or innocence. This is the kind of dismissal used when a witness fails to show up or some other technical reason exists why the case cannot go forward. When a case is dismissed "without prejudice" it means that the case can be filed again and started over. If a court dismissed a case "with prejudice" it means that the accused person was found not guilty. In that case, double jeopardy and other doctrines apply and the same charges cannot be filed again. In either case, if you are facing felony charges you need to get a lawyer to help you look into the dismissal and the new charges.

Yes, you can be recharged. A dismissal is not an adjudication of the charge on its merits, so double jeopardy doesn't apply. To dismiss and recharge an individual is a common tactic utilized by the state frequently.

You can be recharged as long as the statute of limitations has not run. You cannot be retried if you are acquitted by a jury. Since a dismissal is not a decision on guilt or innocence, it does not prevent a retrial.

If the case was dismissed without prejudice before a verdict or ruling then you have technically not been tried. In this case, the State can re-file but the defense goes on alert - statute of limitations, etc. why was it dismissed, did the state have a problem, what changed? 90% of the time a dismissed charge is gone for good.

If you had a trial and a finding of not guilty was entered, you cannot be recharged with the same offense. However, if dismissed before trial on motion of the prosecution, it can be brought back in court. Double jeopardy attaches once a jury has been impaneled or when the State rests its case-in-chief.

What you are talking about is your constitutional right against being placed in "double jeopardy." This principle prohibits a person from being re-tried after he is acquitted. In very limited circumstances a person can claim double jeopardy if the government dismisses a case based upon some bad faith or improper purpose. Otherwise, they can re-charge you as long as the new charge remains within the statute of limitations for the offense.

Unless there was some notation that the case was being dismissed with prejudice, then they can refile the case up until the time that the statute of limitations runs. Many times cases are dismissed but then new information is learned that causes the state to want to refile.

It all depends on the reason for the dismissal and the amount of time that has elapsed from the time of the dismissal. If you are arrested on a felony charge, the prosecution has six months to dispose of the case or bring it to trial. If the case is thrown out in the Grand Jury for lack of evidence, the prosecution can get permission from a judge to represent based upon new evidence, provided the six months have not expired. This is just one example. However, if the case is dismissed during trial because the prosecution's evidence is insufficient, then the dismissal ends the case because jeopardy has attached.

The D.A. can refile charges after original charges were dismissed. Double jeopardy only comes into play if you were acquitted by a jury after a trial. Consult a local criminal defense attorney in your area. Good luck!

Prosecutors can ask a judge to dismiss a felony without prejudice. Which means that the prosecutor can refile the charges for up to five years after the crime is alleged to have occurred. If the case was dismissed with prejudice, or under circumstances where it can be argued that the charge was dismissed with prejudice, they case cannot be refiled. You should seek the advice of a competent criminal defense attorney in your area to look at the circumstances of the dismissal to see if you have an argument for dismissal WITH prejudice.

If the case was dismissed by the State without prejudice, prior to trial, you can be recharged. If the court dismissed the charge, or if it was with prejudice, then you cannot be recharged under the Double Jeopardy provision of the Constitution.

Yes, the law is that unless you have been through a formal arraignment, meaning you pled "not guilty" in front of a judge or jury, then jeopardy has not attached and they can recharge you. However, there are some time limits that are necessary to litigate so if this happens to you speak to your attorney about a Rule 600 Motion. And I agree that it is unfair but it is the law.

It depends on whether it was dismissed voluntarily by the prosecution or it was dismissed through a court order or verdict. If a case is dismissed without prejudice (meaning without a verdict or order) then it may be recharged.

Yes, you can be recharged provided 1) the statute of limitations for reinstituting the charges has not passed and 2) the charges are not barred by double jeopardy. Jeopardy commences when the jury is sworn in or in the case of a judge trial, the first witness is sworn in. If you are at risk of being recharged for the same offense, you must consult a lawyer.

yes they can, unless it is dismissed with prejudice or they do not file charges the second time until after the statute of limitations there may be a requirement that there be new evidence, but in general, the DA can dismiss and re-file on many felonies, the SOL is three years from the date of the offense, but there are lots of exceptions.

If the charge was dismissed "with prejudice" it cannot be recharged. However if the charge was dismissed "without prejudice" it can be recharged anytime up to the expiration of the 5 year statute of limitations. You might be confusing this with "double jeopardy" which is another thing altogether. If a person is brought to trial on a charge and is found not guilty, he cannot be retried on the same charge.

The prosecution can file and dismiss and then re-file a non-serious felony. If the felony is violent or serious, they can file a third time if none of the prior dismissals were due to excusable neglect.

It's always dangerous to look things up [no matter where] and then to presume to understand the ins and outs of criminal law; that is tantamount to going on line and finding a picture of the human brain and presuming there from that you could perform brain surgery. A felony can be refiled once following a dismissal, subject to extraordinary circumstances that take the matter outside of the "refile once" rule.

The ability of the prosecuting authority to recharge would depend upon the reason for the dismissal. If there was a trial and you were found "not guilty", the prosecution cannot recharge. If the prosecutor dismissed on its own, or the court dismissed the charge for lack of probable cause, the prosecution is not precluded from recharging the original offense if it can produce additional evidence.

If it was dismissed "WITH PREJUDICE", this means that you cannot be faced with charges based on the same incident. If it was dismissed "WITHOUT PREJUDICE", that means that the charges may be brought back up again at a later time. This is often used when there is some condition upon which you are required to comply, or when there has been some technical error on the part of the police or prosecutors.

The critical issue is whether the case is dismissed "with prejudice" or "without prejudice." With prejudice means it is a final dismissal and the case cannot be refilled. Without prejudice means the prosecutor is free to re file the charges as long as he does so within the Statute of Limitations (SOL). The SOL for most Washington felonies is three years. When a case is dismissed without prejudice, the SOL begins anew. If the defendant leaves the state or hides out the SOL is "tolled" or put on hold. If you want to assert an SOL defense, make sure the cops, court or prosecutor has a good mailing address for you.

Depends on how it was dismissed. If "noble crossed" yes, they can bring it back. If dismissed with prejudice, no. Jeopardy attaches only at trial after forts witness testifies which means at that point any dismissal and retrial would be barred by "double jeopardy".

The answer depends on how the dismissal occurred. If it occurred after a jury was impaneled, it is with prejudice. If it was voluntary prior to trial, it is without prejudice. If it was without prejudice it may be recharged or new charges may be brought.

It depends. If speedy trial was NOT waived, then they cannot refile after the expiration of the speedy trial period. If speedy has been waived, they can refile so long as it is within the statue of limitations for the particular offense. If it is refiled within the speedy trial period, they can refile.

They can refile unless it was dismissed with prejudice, otherwise they can refile twice. If the crime is a violent crime enumerated as such in the penal code, there are some situations where they can refile a case a third time.

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